Montclair State must prove it addresses safety concerns on Valley Road project

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Montclair State University's new School of Communication and Media building will have its grand opening on Sept. 26.(Photo: Image courtesy of Mike Peters/Montclair State Univ, Photo by Mike Peters/Montclair S)

On Monday, the state Supreme Court rejected Montclair State University's request for immediate permission to build an expanded entranceway onto Valley Road, and sent the case back to the court that first heard it, Superior Court in Passaic County.

In 2016, Superior Court Judge Thomas Brogan ruled that the university must return to the Clifton and Passaic County planning boards with a proposal to make the entrance from Valley Road a two-way street. Montclair State's campus is in Montclair, Clifton and Little Falls.

The university had argued that as a state agency, it was immune from city and county planning oversight, and that furthermore, since 2006, it had cooperated with both bodies to address safety concerns and complied with most of their requests.

"The university believes that its plan is inherently reasonable, that it consulted with and took into consideration the city’s and county’s concerns in making significant modifications to its plan, and, in the end, that the final proposed design reasonably satisfies public safety concerns regarding the intersection with the county road," the university said in a statement issued Monday afternoon.

Both the city of Clifton and Passaic County said that not all their concerns have been addressed, and that immunity does not exempt the university from adequately addressing them. They want a revised plan for the roadway, which winds down a steep hill before emptying onto Valley Road.

The Supreme Court agreed with the city and county that there may be a limit to the university's immunity.

"What the Supreme Court did say is that Montclair State will have to prove in a trial that the project is safe," said Marvin Brauth, the attorney who represented Clifton in this matter. "It is a common-sense ruling when you come down to it."

Clifton Mayor James Anzaldi said he was "very pleased with the unanimous Supreme Court decision."

The case so far

Montclair State University will host a discussion titled "Sexual Assault on Campus: What No One's Talking About" on April 6.(Photo: Adam Anik/NorthJersey.com file photo)

• Brogan initially determined the school must return to the Clifton and Passaic County planning boards with its proposal to construct an exit from its campus onto the city's stretch of Valley Road.

• MSU could either comply with the ruling or appeal; it opted to appeal.

• The appellate court remanded the matter to the trial court, with the instruction that the court determine whether MSU had adequately and reasonably consulted with the county and city.

• The Supreme Court upheld the decision with a few caveats.

What's next

• The Superior Court first must assess the inherent reasonableness of Montclair State's road plan in its entirety.

• The trial court must also assess whether the school reasonably addressed the legitimate concerns of local government entities.